The following general principles apply to requests for disclosure of
information about payments made to attorneys and other service
providers under the Criminal Justice Act (CJA) and related statutes:

Freedom of Information Act Inapplicable

Neither the Freedom of Information Act (5
U.S.C. § 552) nor the Privacy Act (5
U.S.C. § 552a) applies to the judiciary and neither is applicable
to requests for release to the public of records and information
pertaining to activities under the CJA and related statutes.

Payment Amounts

In general, as required by the CJA, the amounts paid
to appointed CJA attorneys (or other service providers) shall be made
available to the public by the court upon the court's approval
of the payment. However, different procedures apply depending
on the stage of the proceeding (e.g., before or during trial, after
trial where appellate review is not being pursued, after trial where
appellate review is being pursued, or after appellate review has
concluded), the nature of the case (capital or non-capital), and the
type and date of the information requested.

Guidance

The Guide, Vol. 7,
Chapter 5
sets forth the statutory requirements and judicial policies governing
the public disclosure of CJA information, describes limitations on
disclosure, and specifies various procedures courts should follow to
ensure that the interests and rights of the defendant and others are
appropriately protected (e.g., providing reasonable notice to counsel,
per the Guide, Vol. 7,
§ 520.30). Court personnel are encouraged to contact the Legal and
Policy Branch Duty Day Attorney, Office of Defender Services (ODS),
Administrative Office of the U.S. Courts (AO), at 202-502-3020, to
discuss requests for CJA payment information.

Documents

The Guide, Vol. 7,
Chapter 5
discusses various forms of appropriate, limited disclosures (e.g.,
copies of the “top sheets” of the completed Form CJA 20/Form CJA 30
voucher, redacted or unredacted, depending on the stage of the case and
applicable statutory considerations). Documentation submitted in
support of or attached to payment claims need not be disclosed at any
time. [Guide, Vol. 7,
§ 520.20]

Information Placed Under Seal

Upon request, or upon the court's own motion, documents pertaining
to activities under the CJA and related statutes maintained in the
clerk's open files, which are generally available to the public, may be
judicially placed under seal or otherwise safeguarded until after all
judicial proceedings, including appeals, in the case are completed and
for such time thereafter as the court deems appropriate. [Guide, Vol. 7,
§ 510.40]

Information in the Custody of the Administrative Office

Requests for release of information pertaining to CJA activities in
the custody of the AO are addressed in accordance with internal
directives. [Administrative Manual, Chapter IX, Subchapter Q]